office of inspector general

[bloom]

While this may mostly affect prosecutors directly - it would affect everyone indirectly if prosecutors speech and actions were limited by intimidation....

clips from:

http://indianalawblog.com/archives/2005/02/ind_govt_more_o_16.html

Monday, February 28, 2005

Ind. Gov't. - More on the inspector general bill

Martin DeAgostino of the South Bend Tribune has a story today on the inspector general bill, headlined "Inspector general bill sparks debate: Former top judge says measure is flawed but fixable." Some quotes:
A state prosecutor who works directly for the governor poses legal and policy problems that lawmakers should fix before they create an office of inspector general, according to a former chief judge of the Indiana Court of Appeals.

Sanford M. Brook said the proposed legislation, which Gov. Mitch Daniels is pushing hard, does not appear to be unconstitutional on its face, as some Democrats have claimed. But he said it includes several "problematic" features that could spark legal challenges and raise questions about political motivations.

"The spirit of such a thing is good," he said. "I'm not so sure this is the vehicle."

The bill assigns a key role to the chief judge of the appeals court, a post Brook held from 2002 until he resigned to return to private practice in 2004. The former St. Joseph Superior Court judge now works for a legal arbitration firm in Denver, and he reviewed the bill at The Tribune's request.

In essence, Brook said it blurs executive and judicial authority, it lacks sufficient checks and balances, and it feeds perceptions that governors could use it for politically motivated investigations and prosecutions.But he said none of those problems are insurmountable if even modest amendments occur. "They can easily all be remedied and maintain the spirit of the legislation," Brook said. * * *



"It creates too much power in one person, going into the other branch (of government)," House Minority Leader B. Patrick Bauer, D-South Bend, said.

<snip>
A reader has pointed out to me that the Judicial Article of the Indiana Constitution includes the state's prosecuting attorneys. Article 7, Sec. 13:
Section 13. Removal of Circuit Court Judges and Prosecuting Attorneys. Any Judge of the Circuit Court or Prosecuting Attorney, who shall have been convicted of corruption or other high crime, may, on information in the name of the State, be removed from office by the Supreme Court, or in such other manner as may be prescribed by law.
(History: As Amended November 3, 1970).

[BiggJawn]

1. "Inspector General" What does thast remind me of?

Let's see....Inspector Gadget? "Go-Go gadget Indiana bankruptor!"



Naw, that not it, here's what I was thinking of:


Bad Idea, Mitch. Better tell Dick and Karl we ain't buying.

[indypaul]

2. Does the bill contain a provision that

the IG must wear a brown shirt with arm band
while on duty? That would more clearly define
this legislation.

[IndianaGreen]

3. A misnomer for what is essentially Daniels's Whitewater prosecutor

Daniels wants his own personal Ken Starr to go after anyone he feels fit to terrorize with the power of the State.

Why not create a special tribunal to impart justice to Daniels's enemies?

Daniels is little Hitler!